People v. McClennon

Appellate Division of the Supreme Court of New York

People v. McClennon

287 A.D.2d 310, 731 N.Y.S.2d 365, 2001 N.Y. App. Div. LEXIS 9375

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 11, 2001

StatusPublished

Cited by2 cases

This text of 287 A.D.2d 310 (People v. McClennon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McClennon, 287 A.D.2d 310, 731 N.Y.S.2d 365, 2001 N.Y. App. Div. LEXIS 9375 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered January 12, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and not against the weight of the evidence. The element of physical injury was established by evidence that defendant punched the victim in her mouth during the robbery, causing a laceration in her lip that bled, and resulted in soreness, pain and swelling, as well as difficulty in eating for about three days thereafter (see, People v Smith, 283 AD2d 208; People v Marsh, 264 AD2d 647, lv denied 94 NY2d 825). Concur — Nardelli, J. P., Lerner, Rubin, Saxe and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered January 12, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and not against the weight of the evidence. The element of physical injury was established by evidence that defendant punched the victim in her mouth during the robbery, causing a laceration in her lip that bled, and resulted in soreness, pain and swelling, as well as difficulty in eating for about three days thereafter (see, People v Smith, 283 AD2d 208; People v Marsh, 264 AD2d 647, lv denied 94 NY2d 825). Concur — Nardelli, J. P., Lerner, Rubin, Saxe and Marlow, JJ.

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Bluebook (online)

287 A.D.2d 310, 731 N.Y.S.2d 365, 2001 N.Y. App. Div. LEXIS 9375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcclennon-nyappdiv-2001.

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